SUSHIL KUMAR CHADHA Vs. CANARA BANK

JUDGEMENT

(1.) The application i.e., CM APPL. No. 40032/2022, has been filed by legal representatives of deceased Respondent Nos. 3 and 4 seeking recall of the order dtd. 8/11/2021, whereby, the present petition being W.P.(C) 10710/2021 was disposed of after issuing directions to Registrar, Debt Recovery Tribunal-III, Delhi ('DRT-III'), with respect to release of title deeds of property bearing No. 16/867 (Northern Part) Joshi Road, Karol Bagh, New Delhi, built up on plot ad measuring 312.23 sq. yds. two storey ('subject property'), to the auction purchaser i.e., the Petitioner herein.

(2.) Learned counsel for the Applicants stated that the order dtd. 8/11/2021, is predicated on a fraud perpetuated by the Petitioner/non-applicant on the Court. He stated that the auction sale confirmed in favour of the Petitioner is a subject matter of challenge in an appeal [Initially Appeal No. 09/2008 (now renumbered as Transfer Appeal No. 36/2022)] filed by deceased Respondent Nos. 3 and 4, which is pending adjudication before Debt Recovery Tribunal-I ('DRT-I'). He stated that Respondent No. 4 passed away on 25/2/2015 and her legal representatives were substituted on 20/7/2015 in the appeal proceedings. He stated that these facts were within the knowledge of the Petitioner and therefore, the impleadment of a dead person as a Respondent in the writ petition was illegal.

(3.) In reply, learned counsel for Respondent No. 1/Canara Bank, at the outset conceded that the submission with respect to abatement of the appeal, as recorded at paragraph no. '6' of the order dtd. 8/11/2021, was made under a bona fide mistake. He stated that however, the fact that Respondent No. 3 passed away on 21/4/2021, was not brought on record of the DRT till 11/8/2022 and therefore, the said appeal qua Respondent No.3 had abated by operation of law, as no legal representatives were brought on record within the period of limitation. He stated that the application for bringing the legal representatives of Respondent No.3 on record has been filed belatedly on 11/8/2022, along with an application seeking condonation of delay, which is still pending adjudication before DRT-I.